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" Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust... "
The Pacific Reporter - Σελίδα 354
1916
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Practice Reports in the Supreme Court and Court of Appeals, Τόμος 6

Nathan Howard, New York (State). Supreme Court - 1852
...prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another." It was not necessary for the plaintiff, as it would have been before the Code to show that the contract...

The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - 1852 - 590 σελίδες
...prosecuted. A trustee of an express trust, within the meaning of this section, shall le construed to include a person with whom, or in whose name, a contract is made for the leneßt of anoti The amendment, ¡s the insertion at the end of the words printed above in italic....

Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 869 σελίδες
...extent of signification is attributed to the term " trustee of an express trust ;" and all parties, with whom or in whose name a contract is made for the benefit of another, are expressly declared to be included within it. This amendment is in accordance with the views previously...

Wisconsin Session Laws

Wisconsin - 1853
...beneficially trust, within the meaning of this section, shall be con- tatereated. strued to include a person with whom or in whose name a contract is made for the benefit of another. SEO. 18. When a married woman ia a party, her bus- When a marband must be joined with her, except that...

The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 653 σελίδες
...statute, may sue without EUU> 18S' joining with him the person for whose benefit the action is prosecuted. A person with whom, or in whose name a contract is made for the benefit of another, is a trustee of an express trust within the meaning of this section. nnsband, SEC. 6. When a married...

The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 798 σελίδες
...express trust, within the meaning of thia section, shall Ъе construed to include a person with wîiom. or in whose name, a contract is made for the benefit of another. л. The amendment is the insertion, at the end, of the words printed above in italic. This amendment...

General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1856
...beneficially trnst, within the meaning of this section, shall be con- int«r««ted. straed to include a person with whom or in whose name a contract is made for the benefit of another. SEO. 18. When a married woman is a party, her bus- When ama?,band must be joined with her, except that...

Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 871 σελίδες
...prosecuted. A trustee of an express trust within the meaning of this section, shall be construed to include a person, with whom, or in whose name, a contract is made for the benefit of another.— [Am. May 15, 1854 ; RS St. 1851, 52 ; St. 1850, 428; CL 520. ART. 742, Sec. 7. When a married woman...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 302 σελίδες
...prosecuted. A trustee of an express trust within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. 1. An attorney in fact does not hold the character of trustee, and is not a necessary party to a suit...

Precedents of Pleading in Civil Actions Under the New-York Code of Procedure ...

George Van Santvoord - 1858 - 702 σελίδες
...on said day 1 By section 113 Code, it is declared that a trustee of an express trust shall " include a person with whom, or in whose name, a contract is made for the benefit of another." In cases of this kind, it would seem that the real party in interest might also maintain the suit....




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